The Sun. — London, England, 1809-11-10 00:00:00

tOfrE:\ - 7 1 :G:IR1)'E:\ . 1 TKE. , . It is with much concern we inform our Readers, that instead of finding. any abatement in the - riotous proceedings at this Theatre, they were last"- night equal in violence to any thing that before .occhrretl. The play w , is Romeo and Juliet, and the entertain ment The . Poor Soldier. The house was but tlfinly attended at the commencement of the performances, • and the first two acts, as usual, were guttered to pass with little inierruption, except when Mr. C. XEMBLE, who asurned the part of Romeo, appear ed. He . ivar always saluted with mark . , of 'displea sure, which .however the more liberal part of 'the attchence discountenanced. As far as, he was be heard, hi s per f ormance o f t h e character one of the very, best We have ever -witnessed, and was Marked by judgment and sensibility. Mrs. CLARKE, Who appeared in Euphrasia, was the Juliet last night. Her anion was graceful, and she appeared to have a just conception of the character, and un der the agitation which she must have suffered; it was surprising tharshe could colleet and manage her Powers with so much apparent ease and firmness.-- JoisiEs - . for the first time performed the part of iller cutio; and bu,stled through it with effect. The close Of the third a4l brought on the usual storm ; for the. opponents of the Theatre broke in with their usual violence, bearing down all opposi tion, tilt they had gained-the centre and front of the Flt•-,Then,hegan. all•lhose vocal exertions which we have too often had occason notice. ' rattl es , hortis, and. all the : artillery of tumult, were put immediately: into a6ion, and exercised till the 'cPPing of the 'curtain. But what renders this of turbulence still more offensive, is, the un l manly habit that now beginS icr prevail of throwing l l'lngs on the stage. Is it not enough that the' Ad ors and Actresses are obliged to_ go through their Parts exposed.to the mortification of 'laving their ta lents overborne by clamour,, but must their persons also' be subjected to injury ? yVho will presume to Y.,.tbat the persons who can thus attack tinoffetxl .7 . - _,..."1 People, and even the helpless females; pre men who are animated by public principles; and, Only seek the abol;tion of what they deem - a grievance No :—these must be wretches whO are capable of a ny outrage, and those who are really advocates for what they consider as the public right; shocld not r l . tr their Cause to be disgraced by the,Co-operation • , buca „unmanly ruffians. Thete were plenty Of hats with the 0.P.. upon .1 1 ern, and a few, Placards, but the fullowing':'was only novel one, " Sons of Britain, neer give o'er, Have the prices as beam • Your opinions strew ev'ry night, Fear not.! Read, xou're in the right:" except indeed a kind of Banner, on which apii4k'd `",` God save the_ King "at the top—in .one 'gaiter -0 -P. in gold letters—in another a Bull, with a 9ollar round his neck, inscribed with theletterS Q. in. the lower quarters were a bell and a rat tle, and at the bottom, for inotto--" Our Rights and Independence." —This was held' up several times, rnd eN; ti. time, it was received with three cheers,' fol ?wed song and dance. Several of the malecon erns the Pit had their 0. P.'s surmounted-with th e fiu-tire of a bull, but they were conned to that ralla - the house. i . _ Other inscriptions were of So obscene and infa tilous a description, that even persons who were of the hostile party called out " shame ! "shame !" and obliged the bearers to suppress them: Many offen sive eXclamationa were directed ..towards the pri- Vate boxes, and the' ladies were obliged to retire.— After a few . mock'-contests, and perhaps some real ones; for, it is difficult to discriminate in such a scene of cofusion, the rnalenontents roared " God save the King ; " had a dance, :some cheers and some troans, and then quitted the Theatre. pr , ; Um DUKE OF PORTI,AND''S o'clock yesterday morning the Sr. James's Volun teem mustered in St. James's-square, and afterwards Trifled a part Of the procession on this solemn ..oe '%ion. At eleven the cavalcade set out, and_pro ed up Bo,nd-street, on iti way to St.: Mary-le- Chureh-yard, wherein the Duchebs of .POll7- I AND lies interred in a magnificent family vault, Which was ereaed about 30 years since. The hearse was richly emblazoned with heraldic orna talents, and drawn by six horses, followed by seven illourning-coaches, and several state carriages,. 'The The coffin was covered with rich Genoa crimson welyet).and :richly decorated with silver-gilt nails and e scutcheons. On the plate v.q.s simply the following it,,iscriptiort :—‘‘ The Most Noble William Henry Cavendish Bentinck, Duke of Portland, died Oaober t he 30 th, 18og, aged 71 years." The funeral was condn6led with particular care by Mr. KEPPEL, bphol'sterer,, Wigmore- street. A Correspondent, from Buckinghamshire informs tts, that the noble and generous benefattion of Louis the isth, to the . poor of the Parishes of Hartwell, sto ne , and Aylesbury, and his excellent dinner of roast beef, and plum-pudding, given . to the Prisoners in the County goal, is spoken of in the highest- terms in every part of that County ; ,his l‘laigsty., sent this munificent donation the 25th of 0 i tober,. by the' Duke of Gramont, as a particular' 'mark of his affection and attachment to our beloved Sovereign, the day on which . his. faithful , subjects were celebrating a Jubilee in honour of his cotnmen cing the 50th year of his Rejgn. Our Correspon lient:adds, how truly 'happy we should be to - See t his pious, good, and generous Prince, seated on the t hrone of, his ancestors, dispensing his blessings to 4 people, who must and do love him for his Marty great and amiable virtues. What a Jubilee for all 'grope would this event be! CORN-EXCHANGE, Nov. 10 . This day the sup- Ply of Wheat is again rather considerable with 'some more foreign arrivals, and being in demand,' ,sales fully maintain last currency ; good Barley keeps_ its illitice - ; -- Mait likewise; White Pease in plenty, and this week cheaper , ; Beans of the two kinds main tain our last quatation. There are considerable 3 aPplies of Oats, few fine and inferior lower; in pric es of Flour no alteration. STU:MARI), OCT ig.—Since s yesterday the num ber of French Officers and Couriers which passed on their way from Vienna to Paris has greatly increased. Tilis forenoon two divisions of the French tilth , drta-. Dons. which lay in the villages above Stutgard, also tassed through here. THE Alt W. . . MESSINA, SEPT. 23.—0 f the Expedition 'tftider t 'Sir John Stuart, which paid a visit to the neighbour hood of Naples in summer, and of its subsequent return to Sicily, you must have heard long ago; bUt of some particulars connected with that Expedition', and which ought to be known, you are probably still ignorant. The intention of the Expedition teas ,to land near Naples ; and it is prettily generally known in the army, that an insurreaion bad been: planned among the inhabitants, who were expeaed to co-operate with our troops. Unexpeitedly, it would appear, the framers of the insurgency-de-. mantled to be informed what order of things was in tended to be established in the event of success.— To this the party on shore 'were answered, that Sir John Stuart could not consent to any thing but the restoration of the old Government. In consequence of this answer, the leaders replied, that they would not promote an insurreaion for such an object ;. and the Expedition ended in disappointment. I happy to inform you, that Captain McCoy, who was reported to have been killed in the Expe dition to - Calabria, is in good health. He was taken prisoner, and is now here on his parole from Naples. He is going back again. This day a new Expedition sails, but its destina tion is a secret. It consists. of the 35th regiment of foot, 44th ditto, two cotnpanies Corsican Rangers, one company of artillery, and 25 dismounted inen of the Both light dragoons, the whole amounting to about 2000 men, under the command of Brigadier- General Oswald. They take camp equipage with them, but no battering cannon. They sail, under convoy of the Warrior, of 74-guns. The force now in Sicily, quartered North and South of Messina, 30 'miles each way, consists of the following 'party of the Rua), Artillery; 20th Light Dragoons, Grenadier Battalion, Ist Light Infantry Battalion, 2d ditto ditto, 10th Regiment' of Foot, 2.lst ditto, 27th ditto, Ist and 2d Batta lions, 35th ditto, 44th 4 liao, 58th ditto, 62d ditto, 8 - Ist ditto, De Watteville's Regiment, De Rolle's Regiment, Chasseurs Britanniques, Dillon's. Regi ment, Royal - Corsican. Rangers, :3d Regiment King's -German Legion, 4.1) , Battalion Calabria Free Cot ps. 61h. ditto ditto, Bth ditto ditto, the whoie amount ing to 16,000 men, of whom. about 1000 are on the seek list. This season, however, has beryl much healthier than the last. No officer has died for a Considerable time. THE TYROLESE. [rbe following particulars.of LEFEBVRE'S' Expe dition against the Tyrol, in August last, have been transmitted to us by a Correspondent, to whom they were communicated. by a Saxon Major, who escaped from the destruaion of those terrible days.] We had penetrated to Inspruck without great resistance ; and although much was ,every where talked of the Tyrolese stationed upon and round the Brenner, we gave little credit to it, thinking the rebels to have been dispersed by a short cannonade, and already considering ourselves as conquerors. — Our entrance into the passes of the Brenner Was 7only opposed by small corps, which continued fall ing back, after an obstinate though short resistance. Among others, I perceived a man, full eighty years old, posted against the side of a lock, and sending death amongst our ranks with every shot. Upon the Bavarians descending from behind to make him' prisoner, he shouted aloud, hurrah ! struck the first t y man to the ground with a ball, seized hold of the second, and with the ejaculation, in God's name! precipitated himself with him into the abyss below. " Marchirg onwards, we heard resound 'from the summit of a high rock—Steeven, shall I chop it Of yet! to which a loud nay reverberated from the op posite side. This was told to the Duke of DANTZIC, who, notwithstanding; ordered us to advance ; at the same time he prudently withdrew from th'e centre to the rear. The van, consisting of 4000 Bavarians,. had just stormed a deep ravine, when we again heard 'halloo'd over our beads—Hans ! for the most Holy Trinity ! Our terror was . completed by the're ' ply that immediately followed :—ln the name of the Holy Trinity !—Cat all loose above.! and 'ere a minute had elapsed were thousands of my comrades, in arms crushed, buried, and 'overwhelmed, by an incredible heap of broken rocks, stones, and trees, hurled down upon us. All of us were petrified. Every one fled that could; but a shower of balls from the Tyrolese, who now rushed from the sur : rounding mountains, in . immense numbers, and among them boysan.d girls of ten or twelve years of age, killed or wounded a great many. of us. It was not till we had ;got these fatal. mountains six leagues behind us, that we were re-assembled by the Duke, and fortried into six columns. Soon after the Ty rolese appeared, .headed by HOFER, the innkeeper'. After a short address from hiM, .they gave a general .fire, flung their rifles 'aside, and rushed up6ti our bayonets with only their clenched fists. Nothing could withstand their impetuosity. They darted at. our feet, threW or Palled us 'down, strangled us, 'wrenched the arms from our hands ; and, like en raged lions, kill,d all—French, Bavarians, and ' Saxons, that did not cry for 'quarter ! By doing so, .1, - with three hundred men, was spared, and set at liberty. • " When all lay dead around, and the viaory was completed, the Tyrolese, as it moved by one im 'pulse, fell upon their knees, and - poured forth the einotions of their hearts in prayer, under the canopy .of Heaven ; a scene so awfully solemn, that it will ever be present to my remembrance: I joined in devotion, and never in my life did I pray more 4 fervently." SMItHIi4ELD-MARKET, Nov. io. This day's Market had- a pretty good supply of different kinds of Cattle; Beef and Pork gold at last priceS ; Mutton is dearer ; Veal is cheaper; and the trade in general was not over brisk.—The busi ness done in the Hay • Market was trifling ; Hay, Straw, and Clover, fetched last prices. The under mentioned prices and numbers are an accurate state-. meat To sink the (MEd per stone of Slb. Beef 4s. zd. to 55. 2d.—Mutton 4s. 2d. to 64. od.—Veal s. od. to 7s. 6cl.—York ss. ta. to 85..0d. t Beasts, pg.—Sheep, 7,i00. —Calves, 320. 47g. SMITHFIELD HAY-MARKET. Ha)', sl. rms. od. to 61. 6s. od.— Stravt, it. Iss. 4d. to 21 ss. Qtl,o—Cloyet 61, t• 3, od, to 71. jot. od. LAZY REP 'liT. COURT OF K 1 NG's BENCH, 'llstinsoiky, Nov. 9. WRIGHT V. WARDLE, - ESQ. - . , " Mr: Serjeant BE ST, 'O . ll the part of the Defendant moved for a Rule to bhew cause, why;the verdict for the Plaintiff in this case 'should not be set aside, and, a new trial granted. 'the cirtutEstances and event of aetioo are to fathiiiar to the memories of our readers.to need recapitulation. -The learned Serjeant grounded his present motion upon se . . _ veral long affidavits of Witnesses, who were not called at the trial, and who denied the Plain- tiff's whole case from beginhing to end. It - Was quite impossible that these witnesses should be called at the trial, as the .Defendant could not at all know what Mrs Clarke would swear. Mr. Justice BAILEY.—" Is not that the case in most all actions 1". . • • Mr. Serjeant BEST - proceeded to say, that be bad now the - aflidai , it of Major Dodd, • Lord -ELLENEottOuqu„—" . l think it eras men tiooed at the:trial, that Major Dodd. was then in the Hall," Mr. Serjeant BEST admitted that heWas, and sub. pcenaed on both sides;' but it was then thought prudent to call Major Dodd, on behalf of the De fendant, without obtaining 'possession of other cir- cumstances, Which had been got at since. - Since the trial, the Defendant had obimined knowledge.of an. important fact, by the putting in of the Plaintiff's answer to a bill in Chancery, which the Defetidant had filed against him. From that answer it appeared that if the Defendant had, at the tila);eallediar th Plaintiff's books, it would have been seen. that the &Otis which were furnished by the . Plaintiff to Mrs Clarke, were charged to her under the name of Far quhar. What occasion could there be for any se•- exec) , in the Plaintiff's own books ? Mr. 'Justice BAILEY.—" Many tradesmen make entries in their books to false names : their books are • . liable to inspection." ' Mr. Seijeant BEST.—" Not without their consent. The circumstance of the concealed entry is decisive to'Whom credit was given." Lord ELLENBOEOUGH.—" There might have been a motive operating in Wardle's mind for the insertion of another name in the Plaintiff's books." Mr. Serjeant BEST proceeded to shew from the affidavit of the Defendant himself, in which Major Dodd joined,, that the whole story, which had been fabricated by• Mrs. Clarke *and Mr. Daniel Wright, was false. Lord ELLENBOROUGH reminded the learned 'Sex jeant,, that it was of-little consequence what the De fendant swore, as he could not ne a witness. Mir. Serjeant BEST replied, that he thought it pru dent that the • Djendant himself should explain the transaction as far as he could. • Lord 'ELLENBORduGi commended the learned Serjeant's diecretion. Serj. BEST proceeded to read his affidavit, which stated, that the Defendant and Major Dodd were going with Mrs. Clarke on busineSs to Clifford's Inn, and that on their' way they called at the Plaititiff 's, where Mrs. Clarke ordere‘l.her • goods, and gloating paSsed between the-Defendant„and Mrs. Clarke and Mr.,Daniel Wright, as the two latter had swern..-- The Defendant, also swore that the first, intimation he had that there was any. demand to be Maca by the Plaintiff against him was a day or-two before. the anion was brought. 'Mr. Ellis,' who was now the Defendant's Attorney, had discovered that the Plain tiff's evidence 'on the trial •was brought forward by Conspiracy, ancl supported by perjury. The fact was, that the Plaintiff would not trust Mrs. Clarke; and' the learned Serjeant now called the attention.of the Court to the dealings of these persons. On the sth July, 1805, the plaintiff, took a house of a person of the name of Buil,- for the occupancy of Mrs. Clarke, not in her narne, but in that of Farquhar. Mr.- Bull asked 'Who Mrs.' Farquhar was,' and the Plaintiff replied, that she was a respeetable married woma n , whose husband, was absent, and that 'she would not stay long in Mr. Bull's house, being about to•take'another, which the Plaintiff. was to furnish. This. was 'sworn - by - Mr. and 'Mrs. Bull, and a third -person,: who was- present at the negocia tion. Mr. Bull afterwards discovered his tenant. was Mrs. Clarke, and determined she should immedi ately quit his house, complaining to toe. Plaintiff. of his imposition. Mrs . .. Clarke then took a'house of. Mr. Kirke, in Westhourne , place,..referring him to .the Plaintiff for a charade. Thisyvas in October, 1808, .at the time when . Mr. Daniel Wright Swore the Plaintiff gave her no credit. Mr. Kirke saw the Plaintiff; who told him Mrs. Farquhar was a most respeCtable lady, and that it he, the Plaintiff, had fifty houses, he would give her the choice of them all, and that he had taken several thousands of her money. In consequence of this, the house,was let. Lord ~ ELLENBOROUGH.- Farqdhar was Mrs. Clarke'3 maiden name ?" Mr. Serjeant BEST replied_ it was.—Upon Mrs. Clarke's entering Mr. Kirke's house, there, was 1081, to be paid for fixtures; and for 'this 'sum the Plain tiff gave Mr. Kirke a cliecque. This was at the time the goods were supplied, tor. the pay ment.of which the action was brought. The first quarter's .rent became due, and was riot paid. Mr. Kirke - found out he was cheated, and distrained for the reht by Mr. Robins the auctioneer. Lord ELLENZOROUGH..-- i ` There was evidence given at the trial, payments by the Plaintiff for coals and insUance, and that was left to the Jury, with its operation on the whole case." Mr..-Serjeant BEST continued to 'state, that the se- Loud quarter's rent was also distrained for, and also Paid by the Plaintiff. Mr. Justice BAILEY. —" He might think that be was in some degree bound, that Mr. Kirke should not be a loser." 'Mr. Serjeant BEST next`. produced ..the.affidavit of Sir. Riehard Phillips, who stated that, he was applied to by Mrs. Clarke to publish thoe ;Memoirs, for the, suppression of which .he was afterwards applied to by sa: Noble Lord. Mrs. Clarke urged to* the. Defendant, as a reason fOr her making the most of her negociation, that she °bad 2,0001. to pay-the Plaintiff for furniture in 'Westbourne-place. This was after the investiga tion of th; House of ConirnonS in March, and with this the Defendant's own affidavit swore he was not acquaintec till after the trial. The, aeticitivit of Mr._ -Glennie stated, in answer to the testimony o f Mrs. Clarke and Mr: Daniel 'Wright, as to the 5001. part payment by the Defendant, that- on .th 'l‘4ll • of Clarke • driea iVrr. ' dle . "9 . - Ide, with tears in her 'eyes, to request the liefend . - ant to become security in 5001,, for , her in two dr three months. Mr. Glennie replied', that he conla not think .of the, Defendant this,' as he kneW him to have entered into na:erigageinent to pay her debts; but if Mrs : Clarke would point out anY way of paying it again in three months, he WOold be the bearer of her request. She assured hin't she could pay it in less than three months, out of a book, she was about to pUblish. Mr. Glennie jet Sled 16 her ektravagance in furnitare, arid told her it would be more to her credit to keep a smaller house; and . that the Defendant thought so too., She replied', What.is it. to Col. Wardle ? he is not to *pay for it: The Defendant, the Learned Serjeani observed, Wits ► Very anxious - that Glennie should be examined upon this at the trial, • and sent him into Court for that purpose ;,but i owitig to a difficulty of coMmani - - - cation,,this was not done. The next affidavit was that Mr: Illingworth, a Wine-merchant, in Pall-Mall,who ,accepted Mrs.. Clarke.'s' bill of Exchange for 5601. He was applied to by the Defendant, who stated that Mrs. Clarke would be able to pay it by 'the sale of the book she was to publish ; the Deponent wasnnacquainfed -with . the Defendant, and lie and Major Dodd gave him .their acceptances for .2krl: each : he then called on Mrs.„Clatke,-.and told her be would accept her note. It was given, but not honOurecL He knew nothing of any dealings be tween the parties, and no i?‘1,11 of seerev was ex. pressed tobitiv,‘as had been sworn at the trial. The next was the affidavit of Mr. Bennet ; a cabin net-maker, in Tottenham-court-road ; of Whose tes timony it was sworn the Defendant bad no know ledge till after the' trial. He had long . been ac. quainted with the Plaintiff; The furniture wa transferred from the Duke of :York's name to the Defendant's, as they Well, knew which Was :the best paymaster of the two. The next was the affidavit of Mr. tecktt, Attorney of Thomas Allen, taylor, who brought an zctiuri against Mrs. Clatke, for servants' liveries, in which she was bailed specially by the two .Wric,rhts and the last was the affidavit of Mr. - Ellis, the Attorney; who swore that the WI ights had been herbail in 36 causes. Mr. Justice BAILEY.—." The Plaintiff knew her to be in distress then, and was not likely to trust lies on her own credit." Mr. Serjeant BEST 'Continued to urge the grant of his motion upon he ground-of all this improper con- dua between Mrs. Clarke and the Plaintiff, which bad been disclosed by his answer to the Defendaut'S . Bill in Chancery. • • Mr. M. Justice BAILEY. If the Defendant ha filed his bill. before_ the trial, the cause would kith, been staid till the Plaintiff's answer Was put in." Mr% Serjeant BE . sT also urged the circumstance of insurance-Of the goods, parr of which Were in-. sured in the name of Clarke, and part in that of Farquhar, in the same office. Lord ELLENEOROUGII.----" The eircarnstancei of the Plaintiff's insurinc , the ,goods looked more like hire than sale, and I that obServation to the Jury." • • . • Mr: Serjeant BesT , confirmed': the je*els were insured 'in the name of Clarke, and the furniture in ow l; uf.Fauquhar: The Learned Serjeant ConelUdcri with hoping the Court would grant him the iula plicin any terms. Lord - ELLt•raoßoutt was afraid 'of violating the rules of the Court, where a party had had full op portunity to prove at his trial what Was now stated by affidavits. At the same time, circomslances were adduced in the present instance- WhiCh`fixed Mrs. Clarke with the Plaintiff in _a cOnne6tion more; from the beginning to tie end of the business, than appeared at the timeof the trial; and it might, therefore, be ,as,.well..to grant the rule nisi.—Rule granted. LOVEDEN, ESQ. V. BARKER, ESQ. Mr. GARROW, on behalf of the Plaintiff, moved for a rule to shew cause, why the verdict for the De- fendant in 'this rasa should riot be set aside ai contrary to evidence, and a new trial granted. Our 1 Readers will recollect, that this was an anion for 1. criminal coM'rersatif,n, tried 'on the Same day as that of Wright v..Wardle. In this case the Learn ed COUnsel said, that the fad of the .tiff's former happiness with his wife was undisput; ed, and the - fad of the criminal conneaion rested upon , the strongest , • presumptive evidence that" could, in . the. present state of society, when the publiCation of such trials had put parties upon their guard; be givenlO.asCourt of Justice. The Learned Counsel recapitulated - the proof that had been given; and Lord ELL.VABOROOGII read the evidence Iron' his notes ; but the Court was of opinioni" that the quiestion of la6t.. having been fairly left to a Jury there :was now - iicr pretence for putting that question to another4ury.-,—../iu4 &lased.. COURT OF CHANCERY, Nov. q. - Mr.- RIeffARDS., before any other business tva's - got - 2 into, .begged leave to call the • attention of 114 Court, for one moment, to the case that had lately exCiteds so much interest, that of .NichOlSon and Giles: On behalf of the guardians, he took the liberty of stating.to the Court the necessity of plac;4. hag Miss .Nicholson under immediate and sufficient prote&ion, as that young lady had; in no equivocal mariner, avowed 'her intention of taking the first opportunity of giving bet guardians the slip aod tun niag 'off to Mr. ,Gdes. - He therefore humbly con ceived, that n 9 time should be lost in the. adoption Of such measurei . tiS' the Court, in its wisdorn, should think fit, to cot nterdet the desigtis of the young lady: . • ._ • - - Mr. BLYIII,B, on the part of Mr,. Gilesi. and his Coadjutor, Mr. Smith, stated to the Court that lA. had irnporiant'circinnStances to . corinntinicate to the Court,. which he liacl,na.donht would, in the judg ment of his Lordship, operate considerably 4.ex: tent-mien of their'birenCe against the authority off' that 'Court, Those circurxstancei,, however, he would; in the present stage of the.proceedings, for. , bear to make public, and in this forbearance, he was actuated Solely by a Wish to avoid making any matters public whiCh knight haVe a. tendency to wound the feelings of The _friends of Miss Nichol son. But he could assure his Lordship, that neither Mr. Giles nor Mr. Sinith w6re at all aware that, Miss Nicholson was a ward in Chancery and he held in his hand an affidavit made to this 'elle& by Mr. Smith. He, was instructed to say that Mr, Giles and - Mr. Smith were ready to appear, and